In a Law360 article, health care partner Margaux Hall examined the stakes involved in pharmaceutical company lawsuits challenging the Centers for Medicare & Medicaid Services (CMS) selection of the first Medicare Part D drugs scheduled for price negotiation and due to become available in 2026.
Margaux explains that the litigation has enormous import for drug developers as they determine whether and how they invest in next-generation therapies. She notes that the cases will likely explore questions of broad relevance for Medicare and companies in the health care and life sciences industries, including the extent to which Congress can delegate authority to agencies to functionally create or rewrite existing law.
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